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Patna High CourtCWJC/17644/2022dismissed

Shishir Kumar Gautam v. The State Of Bihar

2023-01-03Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17644 of 2022 ====================================================== 1.

Shishir Kumar Gautam Son of Ramashray Ram, Resident of VillageBaghawon, Police Station-Bahriyabad, District- Ghazipur (U.P.), at present Block Teacher, Middle School Fulwariya, Kishanpur Block- Shahkund, District- Bhagalpur.

2.

Ajit Kumar Ram, son of Subedar Ram, Resident of Village-Baghawon, Police Station-Bahriyabad, District-Ghazipur (U.P.), at present Block Teacher, Middle School Fulwariya, Kishanpur Block-Shahkund, DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Education Department, Government of Bihar, Patna.

2.

The Director, Primary Education Department, Government of Bihar, Patna. 3.

The District Magistrate, Bhagalpur.

4.

The District Education Officer, Bhagalpur.

5.

The District Programme Officer (Establishment), Bhagalpur. 6.

The Member Secretary, Block Teacher Niyojan Unit, Shahkund, DistrictBhagalpur. 7.

The Block Education Officer, Shahkund, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda, Adv.

For the Respondent/s :

Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 03-01-2023 The petitioner has an alternative remedy of filing an appeal in terms of the Rules of the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal & Appeal) Rules 2020. In the judgment dated 23.02.2022 passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vrs. The State of Bihar & Ors.) and connected matters reported

Patna High Court CWJC No.17644 of 2022(2) dt.03-01-2023 2/2 in 2022 (2) B.L.J., 381 and the judgment dated 07.03.2022 passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this Court also held that the writ could not be maintainable in view of the alternative remedy available to the petitioner. Granting liberty to the petitioner to file remedy as per Rules of the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal & Appeal) Rules 2020, the writ petition is dismissed.

(Sanjeev Prakash Sharma, J) Shamshad/- Item No. 6 U